News & Analysis as of September 27, 2024

European Data Protection Board (EDPB)

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Follow this channel for updates and analysis on all aspects of the European Union's General Data Protection Regulation, a reform of EU's data protection rules that impacts... more +

Follow this channel for updates and analysis on all aspects of the European Union's General Data Protection Regulation, a reform of EU's data protection rules that impacts individuals throughout the Union and all businesses operating therein. less -

European Commission publishes second report on application of GDPR

A&O Shearman on 8/14/2024

On 25 July 2024, the EU Commission published its second report on the application of the GDPR (the ‘Second Report’), following its first report published in 2020....more

Data Privacy Guide - Romania

International Lawyers Network on 5/13/2024

Governing Data Protection Legislation - 2.1. Overview of principal legislation - The General Regulation Data Protection (Regulation (EU) 2016/679) (“GDPR”), as implemented by Law 190/2018 is the principal data...more

The EU’s AI Act: Obligations of AI Users and GDPR Article 35

Ankura on 4/19/2024

In December 2023, European Union (EU) lawmakers reached an agreement on the EU AI Act. In our article titled An Introduction to the EU AI Act, we focused on applicability, thresholds, timing, and penalties related to the EU...more

Data Protection Rulings by European Regulators Offer Insights Into Their Security Expectations

Skadden, Arps, Slate, Meagher & Flom LLP on 4/15/2024

Valuable insights into the measures European regulators expect businesses to take to protect data privacy can be found in a report from the European Data Protection Board (EDPB) summarizing decisions under the EU’s General...more

Surprising Plot Twist: The European Data Protection Supervisor Reprimands the European Union for its use of Microsoft 365

Seyfarth Shaw LLP on 4/1/2024

The European Union (EU)’s government organizations are just like any another entity trying to function in a world where global companies and even government entities are reliant on digital platforms for messaging and...more

EDPB Provides Guidance on Determining Primary Supervisory Authority

Sheppard Mullin Richter & Hampton LLP on 2/28/2024

This month the EDPB shed light on the question of lead supervisory authorities. The issue arose in response to a question late last month from the French supervisory authority. Some background. As most international...more

Guidance from European Data Protection Board Requires Consent for Tracking

Dorsey & Whitney LLP on 12/28/2023

The European Data Protection Board (EDPB), a board comprised primarily of representatives of the data protection supervisory authorities of the European Union’s member states, issued surprising new guidance in mid-November...more

Binding Corporate Rules: What’s new in the updated EDPB guidance?

Hogan Lovells on 9/27/2023

This summer, the European Data Protection Board (“EDPB”) published the final version of its Recommendations 01/2022 (“Recommendations”) on Binding Corporate Rules for Controllers (“C-BCR”). During the turbulence caused by the...more

Breached the GDPR? Calculate your own fine!

Cooley LLP on 8/8/2023

The General Data Protection Regulation (GDPR) is a difficult piece of legislation to comply with, and not meeting some of its requirements may lead to hefty fines of up to 4% of global annual revenues of the preceding year or...more

EU - New EU Regulation to complement GDPR by clarifying cross-border enforcement procedures unveiled

A&O Shearman on 7/17/2023

The European Commission published its Proposal for a Regulation (on 4 July 2023) laying down additional procedural rules relating to the enforcement of GDPR (the Proposal), which aims to complement the GDPR by specifying the...more

Get Ready to Update Your Binding Corporate Rules Regulators Expand Requirements

McDermott Will & Emery on 7/7/2023

At the end of June, the European Data Protection Board (EDPB) published its Recommendations (Recs) on Binding Corporate Rules (BCRs). Among other things, the Recs require existing and in process BCRs to: - Incorporate...more

EDPB Adopts Binding Corporate Rules Recommendations

Sheppard Mullin Richter & Hampton LLP on 7/6/2023

As those in the privacy world await the outcome of the EU-US privacy framework negotiations, the EDPB was in the news recently for a different mechanism for data transfers: Binding Corporate Rules. Namely, it adopted...more

EU - EDPB issues final guidelines on the calculation of administrative fines

A&O Shearman on 6/19/2023

The European Data Protection Board (EDPB) published the final version of the Guidelines on the calculation of administrative fines under the GDPR (Guidelines) on 7 June 2023. The Guidelines aim to harmonize the approach to...more

European Parliament Adopts Position on Artificial Intelligence Act

Morgan Lewis on 6/16/2023

The European Parliament voted on June 14, 2023 to adopt its position on the draft EU Artificial Intelligence Act (EU AI Act) that would impose a comprehensive regulatory regime on AI. More rules are expected to follow for...more

Mega Fine for Meta: $1.3 Billion Penalty Imposed for Data Privacy Violations

Vinson & Elkins LLP on 6/9/2023

The European Union’s (“EU”) Data Protection Commission (the “Commission”) recently fined Meta Ireland $1.3 billion (or €1.2 billion) for improper data transfers from the European Economic Area (“EEA”) to the United States in...more

Meta Receives Record 1.2 Billion EUR Fine and Is Ordered to Suspend Its EU-U.S. Data Transfers

Wilson Sonsini Goodrich & Rosati on 6/7/2023

On May 22, 2023, Ireland’s Data Protection Commission (DPC) published its long-awaited decision in the Meta EU-U.S. data transfer case (Decision). In its landmark Decision, the DPC imposed a record 1.2 billion EUR fine and...more

This Is Not a Test: The Significant Impacts of the Ireland Data Protection Commission’s Meta Decision

Miller Nash LLP on 6/6/2023

It shouldn’t come as a surprise that the European Data Protection Board (EDPB), through Ireland’s Data Protection Commission (DPC), issued another fine against a large US technology company. What may come as a surprise is the...more

EU EDPB publishes 2022 activity report

A&O Shearman on 5/5/2023

The EDPB published its 2022 activity report “Streamlining Enforcement Through Cooperation” (the Activity Report) on 17 April 2023, which provides an overview of the work it carried out in 2022. The report reflects on, amongst...more

Key Considerations For Sponsors Of Clinical Trials Under The EU Clinical Trial Regulation

MoFo Life Sciences on 4/26/2023

Clinical trials play a crucial role in the development of new medicines and medical devices, but conducting clinical trials involves ethical, legal, and regulatory challenges. As reported in our latest article, Prevent a...more

International Data Transfers: Lessons from the EDPB’s “101 Task Force”

Alston & Bird on 4/25/2023

In August 2020, privacy activist organization NOYB – European Center for Digital Rights filed 101 complaints with the EU Supervisory Authorities (‘SAs’) in connection with the transfer of personal data from Europe to...more

EU Supervisory Authorities Clarify Breach Notification Requirements

Alston & Bird on 4/18/2023

Background - On April 4th, 2023, the European Data Protection Board (‘EDPB’), which is composed of representatives of the EU national supervisory authorities and the European Data Protection Supervisor (‘EDPS’), published an...more

EDPB updates the guidelines on data breach notification, addresses data processing in upcoming AML legislation

A&O Shearman on 4/17/2023

The European Data Protection Board (EDPB) held its 77th plenary meeting on 28 March 2023. The EDPB considered the following key topics...more

Dechert Cyber Bits - Issue 31

Dechert LLP on 3/31/2023

SEC Proposes Significant Updates to Regulation S-P and Cyber Risk Management Rule for Market Entities - At an open meeting on March 15, 2023, the Securities and Exchange Commission (the “Commission) issued a release and...more

European Data Protection Board Focuses Coordinated Enforcement on Data Protection Officers

Latham & Watkins LLP on 3/27/2023

Organisations should expect increased scrutiny and enforcement activity around the role of data protection officers in the coming year. The European Data Protection Board (EDPB) has announced that its coordinated...more

The EU Supervisory Authorities’ Coordinated Enforcement Action in the EU: This Year It’s All About DPOs

Alston & Bird on 3/22/2023

On March 15, 2023, the European Data Protection Board (“EDPB”) – the body through which the EU Member States’ Supervisory Authorities cooperate – along with 26 EU Supervisory Authorities officially launched a “coordinated...more

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